lof 2000

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LLOYD'S STANDARD FORM OF SALVAGE AGREEMENT (APPROVED AND PUBLISHED BY THE COUNCIL OF LLOYD’S) NO CURE - NO PAY 1. Name of the salvage Contractors: 2. Property to be salved: The vessel: her cargo freight bunkers stores and any other property thereon but excluding the personal effects or baggage of passengers master or crew (r ef er re d to in t hi s agr ee me nt as “th e Cont ract or s”) (r ef er red to i n this agr eeme nt as “t he propert y” ) 3. Agreed place of safety: 4. Agreed currency of any arbitral award and security (if other than United States dollars) 5. Date of this agreement 6. Place of agreement 7. Is the Sc opic Cl ause in corpor ated into this agreeme nt? State a lterna tive : Y es/No 8. Person si gning for an d on b ehal f of t he C ontractors 9. Ca pt ai n or other person signing for and on behalf of the property Signature: Signature: LOF 2000 A. Contr actor s’ b asic obliga tion: The Contractors identified in Box 1 hereby agree to use their best endeavours to salve the property specified in Box 2 and to take the property to the place stated in Box 3 or to such other place as may hereafter be agreed. If no place is inserted in Box 3 and in the absence of any subsequent agreement as to the place where the property is to be taken the Contractors shall take the property to a place of safety. B. Envir onmen tal prot ection: While performing the salvage services the Contractors shall also use their best endeavours to prevent or minimise damage to the environment. (continued on the reverse side)

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Page 1: LOF 2000

 

LLOYD'S STANDARD FORM OF

SALVAGE AGREEMENT

(APPROVED AND PUBLISHED BY THE COUNCIL OF LLOYD’S)

NO CURE - NO PAY

1. Name of the salvage Contractors: 2. Property to be salved:

The vessel:

her cargo freight bunkers stores and any other property

thereon but excluding the personal effects

or baggage of passengers master or crew

(referred to in this agreement as “the Contractors”) (referred to in this agreement as “the property”)

3. Agreed place of safety: 4. Agreed currency of any arbitral award and security

(if other than United States dollars)

5. Date of this agreement 6. Place of agreement

7. Is the Scopic Clause incorporated into this agreement? State alternative : Yes/No

8. Person signing for and on behalf of the Contractors 9. Captain

or other person signing for and on behalf of the

property

Signature: Signature:

LOF 2000

A. Contractors’ basic obligation: The Contractors identified in Box 1 hereby agree to use their best endeavours to salve

the property specified in Box 2 and to take the property to the place stated in Box 3 or to such other place as may

hereafter be agreed. If no place is inserted in Box 3 and in the absence of any subsequent agreement as to the place

where the property is to be taken the Contractors shall take the property to a place of safety.

B. Environmental protection: While performing the salvage services the Contractors shall also use their best endeavours

to prevent or minimise damage to the environment.

(continued on the reverse side)

Page 2: LOF 2000

 

15.1.08

3.12.24

13.10.26

12.4.50

10.6.53

20.12.67

23.2.72

21.5.80

5.9.90

1.1.95

1.9.2000

C. Scopic Clause: Unless the word “No” in Box 7 has been deleted this agreement shall be deemed to have been made

on the basis that the Scopic Clause is not incorporated and forms no part of this agreement. If the word “No” is deleted

in Box 7 this shall not of itself be construed as a notice invoking the Scopic Clause within the meaning of sub-clause

2 thereof.

D. Effect of other remedies: Subject to the provisions of the International Convention on Salvage 1989 as incorporated

into English law (“the Convention”) relating to special compensation and to the Scopic Clause if incorporated the

Contractors services shall be rendered and accepted as salvage services upon the principle of “no cure - no pay” and

any salvage remuneration to which the Contractors become entitled shall not be diminished by reason of the exception

to the principle of “no cure - no pay” in the form of special compensation or remuneration payable to the Contractors

under a Scopic Clause.

E. Prior services: Any salvage services rendered by the Contractors to the property before and up to the date of this

agreement shall be deemed to be covered by this agreement.

F. Duties of property owners:Each of the owners of the property shall cooperate fully with the Contractors. In particular:

(i) the Contractors may make reasonable use of the vessel's machinery gear and equipment free of expense provided

that the Contractors shall not unnecessarily damage abandon or sacrifice any property on board;

(ii) the Contractors shall be entitled to all such information as they may reasonably require relating to the vessel or

the remainder of the property provided such information is relevant to the performance of the services and is

capable of being provided without undue difficulty or delay;

(iii) the owners of the property shall co-operate fully with the Contractors in obtaining entry to the place of safety

stated in Box 3 or agreed or determined in accordance with Clause A.

G. Rights of termination: When there is no longer any reasonable prospect of a useful result leading to a salvage reward

in accordance with Convention Articles 12 and/or 13 either the owners of the vessel or the Contractors shall be

entitled to terminate the services hereunder by giving reasonable prior written notice to the other.

H. Deemed performance: The Contractors' services shall be deemed to have been performed when the property is in a

safe condition in the place of safety stated in Box 3 or agreed or determined in accordance with clause A. For the

purpose of this provision the property shall be regarded as being in safe condition notwithstanding that the property

(or part thereof) is damaged or in need of maintenance if (i) the Contractors are not obliged to remain in attendance to

satisfy the requirements of any port or habour authority, governmental agency or similar authority and (ii) the continuation

of skilled salvage services from the Contractors or other salvors is no longer necessary to avoid the property becoming

lost or significantly further damaged or delayed.

I. Arbitration and the LSSA Clauses: The Contractors remuneration and/or special compensation shall be determined

by arbitration in London in the manner prescribed by Lloyds Standard Salvage and Arbitration Clauses (“the LSSA

Clauses”) and Lloyd’s Procedural Rules. The provisions of the LSSA Clauses and Lloyd’s Procedural Rules are

deemed to be incorporated in this agreement and form an integral part hereof. Any other difference arising out of this

agreement or the operations hereunder shall be referred to arbitration in the same way.

J. Governing law: This agreement and any arbitration hereunder shall be governed by English law.

K. Scope of authority: The Master or other person signing this agreement on behalf of the property identified in Box 2

enters into this agreement as agent for the respective owners thereof and binds each (but not the one for the other or

himself personally) to the due performance thereof.

L. Inducements prohibited: No person signing this agreement or any party on whose behalf it is signed shall at any

time or in any manner whatsoever offer provide make give or promise to provide or demand or take any form of 

inducement for entering into this agreement.

IMPORTANT NOTICES :

1. Salvage security. As soon as possible the owners of the vessel should notify the owners of other property on board

that this agreement has been made. If the Contractors are successful the owners of such property should note that it

will become necessary to provide the Contractors with salvage security promptly in accordance with Clause 4 of the

LSSA Clauses referred to in Clause I. The provision of General Average security does not relieve the salved interests

of their separate obligation to provide salvage security to the Contractors.

2. Incorporated provisons. Copies of the Scopic Clause; the LSSA Clauses and Lloyd’s Procedural Rules may be

obtained from (i) the Contractors or (ii) the Salvage Arbitration Branch at Lloyd’s, One Lime Street, London EC3M

7HA.

Tel.No. + 44(0)20 7327 5408

Fax No. +44(0)20 7327 6827

E-mail: [email protected].

www.lloydsoflondon.com